Final Text

A. The following words and terms when used in this chapter
shall have the definitions ascribed to them in § 54.1-3100 of the Code of
Virginia:

"Board"

"Nursing home"

"Nursing home administrator"

B. The following words and terms when used in this chapter
shall have the following meanings unless the context indicates otherwise:

"Accredited institution" means any degree-granting
college or university accredited by an accrediting body approved by the United
StatesU.S. Department of Education.

"Active practice" means a minimum of 1,000 hours
of practice as a licensed nursing home administrator within the preceding 24
months.

"AIT" means a person enrolled in the
administrator-in-training program in nursing home administration in a licensed
nursing home.

"Administrator-of-record" means the licensed nursing
home administrator designated in charge of the general administration of the
facility and identified as such to the facility's licensing agency.

"Approved sponsor" means an individual, business,
or organization approved by the National Association of Long Term Care
Administrator BoardsNAB or by an accredited institution to offer
continuing education programs in accordance with this chapter.

"Continuing education" means the educational
activities whichthat serve to maintain, develop, or increase the
knowledge, skills, performance, and competence recognized as relevant to the
nursing home administrator's professional responsibilities.

[ "Domains of Practice" means the content
areas of tasks, knowledge, and skills necessary for administration of a nursing
home as approved by NAB. ]

"Full time" means employment of at least 35 hours
per week.

"Hour" means 50 minutes of participation in a
program for obtaining continuing education.

"Internship" means a practicum or course of study as
part of a degree or post-degree program designed especially for the preparation
of candidates for licensure as nursing home administrators that involves
supervision by an accredited college or university of the practical application
of previously studied theory.

"NAB" means the National Association of Long Term
Care Administrator Boards.

"National examination" means a test used by the
board to determine the competence of candidates for licensure as administered
by the National Association of Long Term Care Administrator BoardsNAB
or any other examination approved by the board.

"Preceptor" means a nursing home administrator
currently licensed and registered or recognized by a nursing home administrator
licensing board to conduct an administrator-in-training (AIT) program.

18VAC95-20-80

18VAC95-20-80. Required fees.

A. The applicant or licensee shall submit all fees
[ belowin this section ] that apply:

1. AIT program application

$215

2. Preceptor application

$65

3. Licensure application

$315

4. Verification of licensure requests from other states

$35

5. Nursing home administrator license renewal

$315

6. Preceptor renewal

$65

7. Penalty for nursing home administrator late renewal

$110

8. Penalty for preceptor late renewal

$25

9. Nursing home administrator reinstatement

$435

10. Preceptor reinstatement

$105

11. Duplicate license

$25

12. Duplicate wall certificates

$40

13. Reinstatement after disciplinary action

$1,000

B. For the first renewal after the effective date of this
regulation, the following one-time shortfall assessment shall apply:

1. Nursing home license renewal

$100

2. Preceptor renewal

$20

18VAC95-20-175

18VAC95-20-175. Continuing education requirements.

A. In order to renew a nursing home administrator license, an
applicant shall attest on his renewal application to completion of 20 hours of
approved continuing education for each renewal year.

1. Up to 10 of the 20 hours may be obtained through Internet or
self-study courses and up to 10 continuing education hours in excess of the
number required may be transferred or credited to the next renewal year.

2. Up to two hours of the 20 hours required for annual renewal
may be satisfied through delivery of services, without compensation, to
low-income individuals receiving health services through a local health
department or a free clinic organized in whole or primarily for the delivery of
those services. One hour of continuing education may be credited for one hour
of providing such volunteer services, as documented by the health department or
free clinic.

3. A licensee is exempt from completing continuing education
requirements and considered in compliance on the first renewal date following
initial licensure.

B. In order for continuing education to be approved by the
board, it shall (i) be related to health care administration and shall be
approved or offered by the National Association of Long Term Care
Administrator Boards (NAB)NAB, an accredited institution, or a
government agency, or (ii) as provided in subdivision A 2 of this
section.

C. Documentation of continuing education.

1. The licensee shall retain in his personal files for a period
of three renewal years complete documentation of continuing education including
evidence of attendance or participation as provided by the approved sponsor for
each course taken.

2. Evidence of attendance shall be an original document
provided by the approved sponsor and shall include:

a. Date [ or dates ] the course was taken;

b. Hours of attendance or participation;

c. Participant's name; and

d. Signature of an authorized representative of the approved
sponsor.

3. If contacted for an audit, the licensee shall forward to the
board by the date requested a signed affidavit of completion on forms provided
by the board and evidence of attendance or participation as provided by the
approved sponsor.

D. The board may grant an extension of up to one year or an
exemption for all or part of the continuing education requirements due to
circumstances beyond the control of the administrator, such as a certified
illness, a temporary disability, mandatory military service, or officially
declared disasters. The request for an extension shall be received in
writing and granted by the board prior to the renewal date.

18VAC95-20-180

18VAC95-20-180. Late renewal.

A. A person who fails to renew his license or preceptor
registration by the expiration date shall, within one year of the
initial expiration date:

1. Return the renewal notice or request renewal in writing to
the board; and

2. Submit the applicable renewal fee and penaltylate
fee.

B. The documents required in subsection A of this section
shall be received in the board office within one year of the initial expiration
date. Postmarks shall not be considered.

18VAC95-20-200

18VAC95-20-200. Reinstatement for nursing home administrator
license or preceptor registration.

A. The board may reinstate a nursing home administrator
license or preceptor registration that was not renewed within one year of the
initial expiration date.

B. An applicant for nursing home administrator license
reinstatement shall apply on a reinstatement form provided by the board, submit
the reinstatement fee, and provide one of the following:

1. Evidence of the equivalent of 20 hours of continuing education
for each year since the last renewal, not to exceed a total of 60 hours.

2. Evidence of active practice in another state or U.S.United
States jurisdiction or in the U.S.United States armed
services during the period licensure in Virginia was lapsed.

3. Evidence of requalifying for licensure by meeting the
requirements prescribed in 18VAC95-20-220 or 18VAC95-20-225.

C. An applicant for preceptor reinstatement shall apply on a
reinstatement form provided by the board, submit the reinstatement fee, and
meet the current requirements for a preceptor in effect at the time of
application for reinstatement.

D. Any person whose license or registration has been
suspended, revoked, or denied renewal by the board under the provisions of
18VAC95-20-470 shall, in order to be eligible for reinstatement, (i) submit a
reinstatement application to the board for a license, (ii) pay the appropriate
reinstatement fee, and (iii) submit any other credentials as prescribed by the
board. After a hearing, the board may, at its discretion, grant the
reinstatement.

18VAC95-20-220

Part III
Requirements for Licensure

18VAC95-20-220. Qualifications for initial licensure.

One of the following sets of qualifications is required for
licensure as a nursing home administrator:

1. Degree and practical experience. The applicant shall (i)
hold a baccalaureate or higher degree in a health care-related field that meets
the requirements of 18VAC95-20-221 from an accredited institution; (ii) have
completed not less than a 320-hour internship that addresses the Domains of
Practice as specified in 18VAC95-20-390 in a licensed nursing home as part of
the degree program under the supervision of a preceptor; and (iii) have
received a passing grade on the national examination;

2. Certificate program. The applicant shall (i) hold a
baccalaureate or higher degree from an accredited college or university;,
(ii) successfully complete a program with a minimum of 21 semester hours study
in a health care-related field that meets the requirements of 18VAC95-20-221
from an accredited institution;, (iii) successfully complete not
less than a 400-hour internship that addresses the Domains of Practice as
specified in 18VAC95-20-390 in a licensed nursing home as part of the
certificate program under the supervision of a preceptor;, and
(iv) have received a passing grade on the national examination; or

3. Administrator-in-training program. The applicant shall have
(i) successfully completed an AIT program whichthat meets the
requirements of Part IV (18VAC95-20-300 et seq.) of this chapter and,
(ii) received a passing grade on the national examination, and (iii)
completed the Domains of Practice form required by the board; or

4. Health Services Executive (HSE) credential. The applicant
shall provide evidence that he has met the minimum education, experience, and
examination standards established by NAB for qualification as a Health Services
Executive.

18VAC95-20-221

18VAC95-20-221. Required content for coursework.

To meet the educational requirements for a degree in a health
care-related field, an applicant must provide aan official
transcript from an accredited college or university that documents successful
completion of a minimum of 21 semester hours of coursework concentrated on the
administration and management of health care services to include a minimum of
three semester hours in each of the content areas in subdivisions 1 through 4
of this section, six semester hours in the content area set out in subdivision
5 of this section, and three semester hours for an internship.

1. Holds a current, unrestricted license from any state or the
District of Columbia; and

2. Meets one of the following conditions:

a. Has practiced nursing home administration for one yearbeen engaged in active practice as a licensed nursing home administrator;
or

b. Has education and experience equivalent to qualifications
required by this chapter and has provided written evidence of those
qualifications at the time of application for licensure.

18VAC95-20-230

18VAC95-20-230. Application package.

A. An application for licensure shall be submitted after the
applicant completes the qualifications for licensure.

B. An individual seeking licensure as a nursing home administrator
or registration as a preceptor shall submit:

1. A completed application as provided by the board;

2. Additional documentation as may be required by the board to
determine eligibility of the applicant;

3. The applicable fee;

4. An attestation that he has read and understands and will
remain current with the applicable Virginia laws and regulations relating to
the administration of nursing homes; and

5. A current report from the U.S. Department of Health and
Human Services National Practitioner Data Bank (NPDB).

C. With the exception of school transcripts, examination
scores, the NPDB report, employer verifications, and verifications from
other state boards, all parts of the application package shall be submitted at
the same time. An incomplete package shall be retained by the board for one
year, after which time the application shall be destroyed and a new application
and fee shall be required.

18VAC95-20-300

Part IV
Administrator-In-Training Program

18VAC95-20-300. Administrator-in-training qualifications.

A. To be approved as an administrator-in-training, a person
shall:

1. Have received a passing grade on a total of 60 semester
hours of education from an accredited institution;

2. Obtain a registered preceptor to provide training;

3. Submit the fee prescribed in 18VAC95-20-80;

4. Submit the application and Domains of Practice form
provided by the board; and

5. Submit additional documentation as may be necessary to
determine eligibility of the applicant and the number of hours required for the
AIT program.

B. With the exception of school transcripts, all required
parts of the application package shall be submitted at the same time. An
incomplete package shall be retained by the board for one year after which time
the application shall be destroyed and a new application and fee shall be
required.

18VAC95-20-340

18VAC95-20-340. Supervision of trainees.

A. Training shall be under the supervision of a preceptor who
is registered or recognized by a licensing board.

2. Shall be routinely present with the trainee in the training
facility as appropriate to the experience and training of the AIT and the
needs of the residents in the facility; and

3. Shall continually evaluate the development and experience of
the AIT to determine specific areas in the Domains of Practice that need to be
addressed.

18VAC95-20-380

18VAC95-20-380. Qualifications of preceptors.

A. To be registered by the board as a preceptor, a
person shall:

1. Hold a current, unrestricted Virginia nursing home
administrator license and be employed full time as an administrator of record in
a training facility for a minimum of two of the past three years immediately
prior to registration; and

2. Provide evidence that he has completed the online
preceptor training course offered by NAB; and

3. Meet the application requirements in 18VAC95-20-230.

B. To renew registration as a preceptor, a person shall:

1. Hold a current, unrestricted Virginia nursing home
license and be employed by or have an agreement with a training facility for a
preceptorship; and

2. Meet the renewal requirements of 18VAC95-20-170.

18VAC95-20-390

18VAC95-20-390. Training plan.

Prior to the beginning of the AIT program, the preceptor shall
develop and submit for board approval a training plan that shall include and be
designed around the specific training needs of the administrator-in-training.
The training plan shall address the Domains of Practice approved by the
National Association of Long Term Care Administrator BoardsNAB that
is in effect at the time the training program is submitted for approval. An AIT
program shall include training in each of the learning areas in the Domains of
Practice.

18VAC95-20-430

18VAC95-20-430. Termination of program.

A. If the AIT program is terminated prior to completion, the
trainee and the preceptor shall each submit a written explanation of the causes
of program termination to the board within five working10 business
days.

The board may refuse to admit a candidate to an examination,
refuse to issue or renew a license or registration or approval to any
applicant, suspend a license for a stated period of time or indefinitely,
reprimand a licensee or registrant, place his license or registration
on probation with such terms and conditions and for such time as it may
designate, impose a monetary penalty, or revoke a license or registration
for any of the following causes:

1. Conducting the practice of nursing home administration in
such a manner as to constitute a danger to the health, safety, and well-being
of the residents, staff, or public;

2. Failure to comply with federal, state, or local laws and
regulations governing the operation of a nursing home;

3. Conviction of a felony or any misdemeanor involving abuse,
neglect, or moral turpitude;

4. Violating or cooperating with others in violating any of the
provisions of Chapters 1 (§ 54.1-100 et seq.), 24 (§ 54.1-2400 et seq.), and this
chapter31 (§ 54.1-3100 et seq.) of the Code of Virginia or
regulations of the board; or

5. Inability to practice with reasonable skill or safety
by reason of illness or substance abuse or as a result of any mental or
physical condition;

6. Abuse, negligent practice, or misappropriation of a
resident's property;

7. Entering into a relationship with a resident that
constitutes a professional boundary violation in which the administrator uses
his professional position to take advantage of the vulnerability of a resident
or his family, to include actions that result in personal gain at the expense
of the resident, an inappropriate personal involvement [ with a
resident, ] or sexual conduct with a resident;

8. The denial, revocation, suspension, or restriction of a
license to practice in another state, the District of Columbia, or a United
States possession or territory;

9. Assuming duties and responsibilities within the practice
of nursing home administration without adequate training or when competency has
not been maintained;

10. Obtaining supplies, equipment, or drugs for personal or
other unauthorized use;

11. Falsifying or otherwise altering resident or employer
records, including falsely representing facts on a job application or other
employment-related documents;

12. Fraud or deceit in procuring or attempting to procure a
license or registration or seeking reinstatement of a license or registration;
or

13. Employing or assigning unqualified persons to perform
functions that require a license, certificate, or registration.

18VAC95-20-471

18VAC95-20-471. Criteria for delegation of informal
fact-finding proceedings to an agency subordinate.(Repealed.)

A. Decision to delegate. In accordance with § 54.1-2400 (10)
of the Code of Virginia, the board may delegate an informal fact-finding
proceeding to an agency subordinate upon determination that probable cause
exists that a practitioner may be subject to a disciplinary action.

B. Criteria for delegation. Cases that may not be delegated
to an agency subordinate include violations of standards of practice as set
forth in subdivisions 1, 3 and 5 of 18VAC95-20-470, except as may otherwise be
determined by a special conference committee of the board.

C. Criteria for an agency subordinate.

1. An agency subordinate authorized by the board to conduct
an informal fact-finding proceeding may include current or past board members
and professional staff or other persons deemed knowledgeable by virtue of their
training and experience in administrative proceedings involving the regulation
and discipline of health professionals.

2. The executive director shall maintain a list of
appropriately qualified persons to whom an informal fact-finding proceeding may
be delegated.

3. The board may delegate to the executive director the
selection of the agency subordinate who is deemed appropriately qualified to
conduct a proceeding based on the qualifications of the subordinate and the
type of case being heard.

18VAC95-30-10

Part I
General Provisions

18VAC95-30-10. Definitions.

A. The following words and terms when used in this chapter
shall have the definitions ascribed to them in § 54.1-3100 of the Code of
Virginia:

"Assisted living facility"

"Assisted living facility administrator"

"Board"

B. The following words and terms when used in this chapter
shall have the following meanings unless the context indicates otherwise:

"Accredited institution" means any
degree-granting college or university accredited by an accrediting body
approved by the U.S. Department of Education.

"Active practice" means a minimum of 1,000 hours
of practice as an assisted living facility administrator within the preceding
24 months.

"Administrator-of-record" means the licensed
assisted living facility administrator designated in charge of the general
administration and management of an assisted living facility, including
compliance with applicable regulations, and identified as such to the
facility's licensing agency.

"ALF AIT" means ana person enrolled in an
administrator-in-training program in a licensed assisted living facility administrator-in-training.

"Approved sponsor" means an individual, business,
or organization approved by NAB or by an accredited institution to offer
continuing education programs in accordance with this chapter.

"Continuing education" means the educational
activities that serve to maintain, develop, or increase the knowledge, skills,
performance, and competence recognized as relevant to the assisted living
facility administrator's professional responsibilities.

"Domains of [ practice"Practice" ]
means the content areas of tasks, knowledge and skills necessary for
administration of a residential care/assistedcare or assisted
living facility as approved by the National Association of Long Term Care
Administrator BoardsNAB.

"Full time" means employment of at least 35 hours
per week.

"Hour" means 50 minutes of participation in a
program for obtaining continuing education.

"Internship" means a practicum or course of study
as part of a degree or post-degree program designed especially for the
preparation of candidates for licensure as assisted living facility
administrators that involves supervision by an accredited college or university
of the practical application of previously studied theory.

"NAB" means the National Association of Long Term
Care Administrator Boards.

"National examination" means a test used by the
board to determine the competence of candidates for licensure as administered by
NAB or any other examination approved by the board.

"Preceptor" means an assisted living facility
administrator or nursing home administrator currently licensed and registered
to conduct an ALF AIT program.

18VAC95-30-40

18VAC95-30-40. Required fees.

A. The applicant or licensee shall submit all fees belowin this subsection that apply:

1. ALF AIT program application

$215

2. Preceptor application

$65

3. Licensure application

$315

4. Verification of licensure requests from other states

$35

5. Assisted living facility administrator license renewal

$315

6. Preceptor renewal

$65

7. Penalty for assisted living facility administrator late
renewal

$110

8. Penalty for preceptor late renewal

$25

9. Assisted living facility administrator reinstatement

$435

10. Preceptor reinstatement

$105

11. Duplicate license

$25

12. Duplicate wall certificates

$40

13. Returned check

$35

14. Reinstatement after disciplinary action

$1,000

B. Fees shall not be refunded once submitted.

C. Examination fees are to be paid directly to the service
contracted by the board to administer the examination.

D. For the first renewal after the effective date of this regulation,
the following one-time shortfall assessment shall apply:

1. Assisted living facility administrator license renewal

$100

2. Preceptor renewal

$20

18VAC95-30-70

18VAC95-30-70. Continuing education requirements.

A. In order to renew an assisted living administrator license,
an applicant shall attest on his renewal application to completion of 20 hours
of approved continuing education for each renewal year.

1. Up to 10 of the 20 hours may be obtained through Internet or
self-study courses and up to 10 continuing education hours in excess of the
number required may be transferred or credited to the next renewal year.

2. Up to two hours of the 20 hours required for annual renewal
may be satisfied through delivery of services, without compensation, to
low-income individuals receiving health services through a local health
department or a free clinic organized in whole or primarily for the delivery of
those services. One hour of continuing education may be credited for one hour
of providing such volunteer services, as documented by the health department or
free clinic.

3. A licensee is exempt from completing continuing education
requirements for the first renewal following initial licensure in Virginia.

B. In order for continuing education to be approved by the
board, it shall (i) be related to the [ domainsDomains ]
of [ practicePractice ] for residential care/assisted
living and approved or offered by NAB, an accredited educational institution,
or a governmental agency, or (ii) be as provided in subdivision A
2 of this section.

C. Documentation of continuing education.

1. The licensee shall retain in his personal files for a period
of three renewal years complete documentation of continuing education including
evidence of attendance or participation as provided by the approved sponsor for
each course taken.

2. Evidence of attendance shall be an original document
provided by the approved sponsor and shall include:

a. Date [ or dates ] the course was taken;

b. Hours of attendance or participation;

c. Participant's name; and

d. Signature of an authorized representative of the approved
sponsor.

3. If contacted for an audit, the licensee shall forward to the
board by the date requested a signed affidavit of completion on forms provided
by the board and evidence of attendance or participation as provided by the
approved sponsor.

D. The board may grant an extension of up to one year or an
exemption for all or part of the continuing education requirements due to
circumstances beyond the control of the administrator, such as a certified
illness, a temporary disability, mandatory military service, or officially
declared disasters. The request for an extension shall be submitted in
writing and granted by the board prior to the renewal date.

18VAC95-30-90

18VAC95-30-90. Reinstatement for an assisted living facility
administrator license or preceptor registration.

A. The board may reinstate an assisted living facility
administrator license or preceptor registration that was not renewed within one
year of the initial expiration date.

B. An applicant for assisted living facility administrator
license reinstatement shall apply on a reinstatement form provided by the
board, submit the reinstatement fee, and provide one of the following:

1. Evidence of the equivalent of 20 hours of continuing
education for each year since the last renewal, not to exceed a total of 60
hours.

2. Evidence of active practice in another state or U.S.United
States jurisdiction or in the U.S.United States armed
services during the period licensure in Virginia was lapsed.

3. Evidence of requalifying for licensure by meeting the
requirements prescribed in 18VAC95-30-100 and 18VAC95-30-110.

C. An applicant for preceptor reinstatement shall apply on a
reinstatement form provided by the board, submit the reinstatement fee, and
meet the current requirements for a preceptor in effect at the time of
application for reinstatement.

D. Any person whose license or registration has been
suspended, revoked, or denied renewal by the board under the provisions of
18VAC95-30-210 shall, in order to be eligible for reinstatement, (i) submit a
reinstatement application to the board for a license, (ii) pay the appropriate
reinstatement fee, and (iii) submit any other credentials as prescribed by the
board. After a hearing, the board may, at its discretion, grant the
reinstatement.

A. To be qualified for initial licensure as an assisted living
facility administrator, an applicant shall hold a high school diploma or general
education diploma (GED) and hold one of the following qualifications:

1. Administrator-in-training program.

a. Complete at least 30 semester hours in an accredited
college or university in any subject and 640 hours in an ALF AIT program
as specified in 18VAC95-30-150;

b. Complete an educational program as a licensed practical
nurse and hold a current, unrestricted license or multistate licensure
privilege and 640 hours in an ALF AIT program;

c. Complete an educational program as a registered nurse and
hold a current, unrestricted license or multistate licensure privilege and 480
hours in an ALF AIT program;

d. Complete at least 30 semester hours in an accredited
college or university with courses in the content areas of (i) client/resident
care;, (ii) human resources management;, (iii)
financial management;, (iv) physical environment;,
and (v) leadership and governance;, and 320480
hours in an ALF AIT program;

e. Hold a master's or a baccalaureate degree in health
care-related field or a comparable field that meets the requirements of
subsection B of this section with no internship or practicum and 320 hours in
an ALF AIT program; or

f. Hold a master's or baccalaureate degree in an unrelated
field and 480 hours in an ALF AIT program; or

2. Certificate program.

Hold a baccalaureate or higher degree in a field unrelated to
health care from an accredited college or university and successfully complete
a certificate program with a minimum of 21 semester hours study in a health
care-related field that meets course content requirements of subsection
B of this section from an accredited college or university and successfully
complete not less than a 320-hour internship or practicum that addresses the
[ domainsDomains ] of [ practicePractice ]
as specified in 18VAC95-30-160 in a licensed assisted living facility as part
of the certificate program under the supervision of a preceptor; or

3. Degree and practical experience.

Hold a baccalaureate or higher degree in a health care-related
field that meets the course content requirements of subsection B of this
section from an accredited college or university and have completed not less
than a 320-hour internship or practicum that addresses the Domains of Practice
as specified in 18VAC95-30-160 in a licensed assisted living facility as part
of the degree program under the supervision of a preceptor.

B. To meet the educational requirements for a degree in a
health care-related field, an applicant must provide aan official
transcript from an accredited college or university that documents successful
completion of a minimum of 21 semester hours of coursework concentrated on the
administration and management of health care services to include a minimum of
six semester hours in the content area set out in subdivision 1 of this
subsection, three semester hours in each of the content areas in subdivisions 2
through 5 of this subsection, and three semester hours for an internship or
practicum.

18VAC95-30-120. Qualifications for licensure by endorsement or
credentials.

A. If applying from any state or the District of Columbia in
which a license, certificate, or registration is required to be the
administrator of an assisted living facility, an applicant for licensure by
endorsement shall hold a current, unrestricted license, certificate, or
registration from that state or the District of Columbia. If applying from a
jurisdiction that does not have such a requirement, an applicant may apply for
licensure by credentials, and no evidence of licensure, certification,
or registration is required.

B. The board may issue a license to any person who:

1. Meets the provisions of subsection A of this section;

2. Has not been the subject of a disciplinary action taken by
any jurisdiction in which he was found to be in violation of law or regulation
governing practice and which, in the judgment of the board, has not remediated;

3. Meets one of the following conditions:

a. Has practiced as the administrator of recordbeen
engaged in active practice as an assisted living facility administrator in
an assisted living facility that provides assisted living care as defined in §
63.2-100 of the Code of Virginia for at least two of the four years
immediately preceding application to the board; or

b. Has education and experience substantially equivalent to
qualifications required by this chapter and has provided written evidence of
those qualifications at the time of application for licensure; and

4. Has successfully passed a national credentialing examination
for administrators of assisted living facilities approved by the board.

18VAC95-30-130

18VAC95-30-130. Application package.

A. An application for licensure shall be submitted after the
applicant completes the qualifications for licensure.

B. An individual seeking licensure as an assisted living
facility administrator or registration as a preceptor shall submit:

1. A completed application as provided by the board;

2. Additional documentation as may be required by the board to
determine eligibility of the applicant, to include the most recent survey report
if the applicant has been serving as an acting administrator of a facility;

3. The applicable fee;

4. An attestation that he has read and understands and will
remain current with the applicable Virginia laws and the regulations relating
to assisted living facilities; and

5. A current report from the U.S. Department of Health and
Human Services National Practitioner Data Bank (NPDB).

C. With the exception of school transcripts, examination
scores, the NPDB report, employer verifications, and verifications from
other state boards, all parts of the application package shall be submitted at
the same time. An incomplete package shall be retained by the board for one
year, after which time the application shall be destroyed and a new application
and fee shall be required.

18VAC95-30-140

Part IV
Administrator-in-Training Program

18VAC95-30-140. Training qualifications.

A. To be approved as an ALF administrator-in-training, a
person shall:

1. Meet the requirements of 18VAC95-30-100 A 1;

2. Obtain a registered preceptor to provide training;

3. Submit the application and Domains of Practice form
provided by the board and the fee prescribed in 18VAC95-30-40; and

4. Submit additional documentation as may be necessary to
determine eligibility of the applicant and the number of hours required for the
ALF AIT program.

B. With the exception of school transcripts, all required
parts of the application package shall be submitted at the same time. An
incomplete package shall be retained by the board for one year after which time
the application shall be destroyed and a new application and fee shall be
required.

18VAC95-30-150

18VAC95-30-150. Required hours of training.

A. The ALF AIT program shall consist of hours of continuous
training as specified in 18VAC95-30-100 A 1 in a facility as prescribed in 18VAC95-30-170
to be completed within 24 months, except a person in an ALF AIT program who has
been approved by the board and is serving as an acting administrator shall
complete the program within 150 days. An extension may be granted by the board
on an individual case basis. The board may reduce the required hours for
applicants with certain qualifications as prescribed in subsection B of this
section.

B. An ALF AIT program applicant with prior health care
work experience may request approval to receive hours of credit toward the
total hours as follows:

1. An applicant who has been employed full time for one of the
past four years immediately prior to application as an assistant administrator
in a licensed assisted living facility or nursing home or as a hospital
administrator shall complete 320 hours in an ALF AIT program;

2. An applicant who holds a license or a multistate licensure
privilege as a registered nurse and who has held an administrative level
supervisory position in nursing for at least one of the past four consecutive
years in a licensed assisted living facility or nursing home shall complete 320
hours in an ALF AIT program; or

3. An applicant who holds a license or a multistate licensure
privilege as a licensed practical nurse and who has held an administrative
level supervisory position in nursing for at least one of the past four
consecutive years in a licensed assisted living facility or nursing home shall
complete 480 hours in an ALF AIT program.

18VAC95-30-170

18VAC95-30-170. Training facilities.

A. Training in an ALF AIT program or for an internship or
practicum shall be conducted only in:

1. An assisted living facility or unit licensed by the Virginia
Board of Social Services or by a similar licensing body in another
jurisdiction;

2. An assisted living facility owned or operated by an agency
of any city, county, or the Commonwealth or of the United States government; or

3. An assisted living unit located in and operated by a
licensed hospital as defined in § 32.1-123 of the Code of Virginia, a
state-operated hospital, or a hospital licensed in another jurisdiction.

B. [ Training A new ALF AIT
program or internship ] shall not be conducted in a facility with a
provisional license as determined by the Department of Social Services.

18VAC95-30-180

18VAC95-30-180. Preceptors.

A. Training in an ALF AIT program shall be under the
supervision of a preceptor who is registered or recognized by Virginia or a
similar licensing board in another jurisdiction.

2. Be employed full time as an administrator in a training
facility [ or facilities ] for a minimum of onetwo
of the past four years immediately prior to registration or be a regional
administrator with on-site supervisory responsibilities for a training facility
[ or facilities ]; and

3. Provide evidence that he has completed the online
preceptor training course offered by NAB; and

4. Submit an application and fee as prescribed in
18VAC95-30-40. The board may waive such application and fee for a person who is
already approved as a preceptor for nursing home licensure.

C. A preceptor shall:

1. Provide direct instruction, planning, and evaluation;

2. Be routinely present with the trainee in the training
facility as appropriate to the experience and training of the ALF AIT and
the needs of the residents in the facility; and

3. Continually evaluate the development and experience of the
trainee to determine specific areas needed for concentration.

D. A preceptor may supervise no more than two trainees at any
one time.

E. A preceptor for a person who is serving as an acting administrator
while in an ALF AIT program shall be present in the training facility for
face-to-face instruction and review of the trainee's performance for a minimum
of twofour hours per week.

F. To renew registration as a preceptor, a person shall:

1. Hold a current, unrestricted Virginia assisted living
facility or nursing home license and be employed by or have an agreement with a
training facility for a preceptorship; and

2. Meet the renewal requirements of 18VAC95-30-60.

18VAC95-30-200

18VAC95-30-200. Interruption or termination of program.

A. If the program is interrupted because the registered
preceptor is unable to serve, the trainee shall notify the board within 10 working
days and shall obtain a new preceptor who is registered with the board within
60 days.

1. Credit for training shall resume when a new preceptor is
obtained and approved by the board.

2. If an alternate training plan is developed, it shall be submitted
to the board for approval before the trainee resumes training.

B. If the training program is terminated prior to completion,
the trainee and the preceptor shall each submit a written explanation of the
causes of program termination to the board within five working10
business days. The preceptor shall also submit all required monthly
progress reports completed prior to termination within 10 business days.

18VAC95-30-210

Part V
Refusal, Suspension, Revocation and Disciplinary Action

18VAC95-30-210. Unprofessional conduct.

The board may refuse to admit a candidate to an examination,
refuse to issue or renew a license or registration or grant
approval to any applicant, suspend a license or registration for a
stated period of time or indefinitely, reprimand a licensee or registrant,
place his license or registration on probation with such terms and
conditions and for such time as it may designate, impose a monetary penalty, or
revoke a license or registration for any of the following causes:

1. Conducting the practice of assisted living administration in
such a manner as to constitute a danger to the health, safety, and well-being
of the residents, staff, or public;

2. Failure to comply with federal, state, or local laws and
regulations governing the operation of an assisted living facility;

3. Conviction of a felony or any misdemeanor involving abuse,
neglect, or moral turpitude;

4. Failure to comply with any regulations of the board; orViolating or cooperating with others in violating any of the provisions of
Chapters 1 (§ 54.1-100 et seq.), 24 (§ 54.1-2400 et seq.), and 31
(§ 54.1-3100 et seq.) of the Code of Virginia or regulations of the board;

5. Inability to practice with reasonable skill or safety
by reason of illness or substance abuse or as a result of any mental or
physical condition;

6. Abuse, negligent practice, or misappropriation of a
resident's property;

7. Entering into a relationship with a resident that
constitutes a professional boundary violation in which the administrator uses
his professional position to take advantage of the vulnerability of a resident
or his family, to include actions that result in personal gain at the expense
of the resident, an inappropriate personal involvement [ with a
resident, ] or sexual conduct with a resident;

8. The denial, revocation, suspension, or restriction of a
license to practice in another state, the District of Columbia or a United
States possession or territory;

9. Assuming duties and responsibilities within the practice
of assisted living facility administration without adequate training or when
competency has not been maintained;

10. Obtaining supplies, equipment, or drugs for personal or
other unauthorized use;

11. Falsifying or otherwise altering resident or employer
records, including falsely representing facts on a job application or other
employment-related documents;

12. Fraud or deceit in procuring or attempting to procure a
license or registration or seeking reinstatement of a license or registration;
or

13. Employing or assigning unqualified persons to perform
functions that require a license, certificate, or registration.